The first question raised in this thesis, is aimed at determining whether or not the return to the country of origin of a shipment subject to international sale, with nationalization procedure initiated but not completed within the period of conservation provided in the Acts of the Universal Postal Union; since on the one hand, Article 5 of the Universal Postal Convention establishes the return of the shipment (re-shipment) to the country of origin when it has not been delivered to the recipient (consignee) for any reason, and on the other hand, letter b) of the Article 178 of the General Law of Customs of our country establishes that the legal abandonment of the merchandise proceeds in case it is not concluded with the procedure of nationalization of the shipment.
In the event that Article 5 of the Universal Postal Convention is applied, the second issue is aimed to determine, whether the return of the postal shipment to the country of origin by the Peruvian Postal Administration (SERPOST SA), without the authorization of the recipient (consignee), violates or not the property right of the latter on the postal item subject to international sale